Wrong arm of the law!

Manipur Diary, Happenings, May '18Oinam Hemabati reports on a recent ordeal with the police in Manipur when he was falsely accused of helping a trans man abduct his lesbian partner from her home. And yes, Section 377, Indian Penal Code was part of the story again

Imphal, May 11, 2018: On the morning of January 18 this year, around 8.30 am, I got an unexpected call from Tang (Rojita Laishram), a trans man who lived in the Canchipur area of Imphal West district. He informed me that he had been arrested by the police along with his partner Dona (Udiyarani Thingujam), a resident of Singjamei in Imphal East district.

Tang and Dona were in a relationship since nearly two and a half years and living together at Tang’s place since June 2016.

The reason for arresting Tang was that Dona’s parents had filed a report with the police that their daughter was missing and had been abducted by Tang. I immediately contacted Meihoubam Rakesh and Thokchom Premlata Devi, Director and Assistant Director, respectively, with Human Rights Law Network (HRLN) Manipur and informed them about Dona and Tang. They told me not to worry as they had already helped the couple make an affidavit in court declaring that they were adults and staying together with mutual consent (Dona was 22 and Tang 28 years old).

On the same day, along with my partner Nanao, I went to the police station in Imphal West to talk to the Officer-in-Charge to release Tang and Dona. After a discussion involving the couple, Dona’s mother and the police, all the parties agreed to settle the matter for the time being. Dona agreed to return to her parents’ house. But the very next day, she again ran away from home. I again informed lawyer Premlata at HRLN about the development.

Around 10 days later, on January 28, the police arrested me at 8.00 am from my home – they said they had a warrant under Section 377, IPC. My partner Nanao followed me to the police station. At the police station I had to endure hours of interrogation in the investigation room.

The police asked me “Are you Eche Yambung?” ‘Eche’ means ‘sister’ and ‘Yambung’ means ‘brother’. I told them to call me either Yambung or Eche but not Eche Yambung. Then they asked me about my profession. I informed them that I was part of the trans men’s community, consultant with an NGO SAATHII and President of Empowering Trans Ability, an organization that focussed on community mobilization and advocacy on inclusion of queer people in the family sphere, education, livelihood, the government sector, laws and policies.

Next I was asked if it was possible for love or marriage between two women. I said, “Why not? It depends on individual preferences and mutual understanding between two people.” Then they wanted to know where Tang and Dona were. I said that I had last met them on January 19 but after that I didn’t know where they had gone. The police then warned me that if I didn’t disclose their location, they would punish me!

I felt very angry at this and repeated my earlier answer. I told the police to go ahead and punish me and keep me in prison, but I didn’t know where the couple was.

The same afternoon, at around 1.45 pm, Premlata reached the police station. She asked why I had been arrested. The police informed her that I had been arrested under Section 377, and so I wouldn’t be released. According to the warrant, Tang was accused No. 1 and I was accused No. 2. This was a clear case of misuse of the law – Dona and Tang were both adults, and how could Section 377 be applicable just because they were a lesbian-trans man couple? And this was happening in spite of the Honourable Supreme Court’s NALSA verdict on transgender rights!

After nearly 11 hours at the police station, Premlata finally managed to have me released. I was dizzy and weak with hunger. I was told that I would be called again if necessary.

On February 3, 2018, Dona and Tang were to appear before Ningthoujam Lanleima, Chief Judicial Magistrate at Manipur High Court. They planned to surrender before the court and seek bail. Along with Randhoni Lairikyengbam, Senior Program Manager at SAATHII, Imphal, I too went to the court. Both HRLN lawyers Rakesh and Premlata were also present.

After clarifying with Dona that she had left with Tang without any force and hearing the entire matter, the court ruled that both Dona and Tang were adults and if they wanted to stay together with mutual consent, their wishes had to be respected. I too vouched for the fact that both Dona and Tang were majors.

The court also noted that the Honourable Supreme Court had issued a verdict that transgender people were a vulnerable section of society, whose rights had to be protected. The court did not mention anything in relation to Section 377.

As a matter of legal formality, Dona and Tang appeared once before the police and the case against Tang was winded up. The couple is now living together and running their grocery shop as before to earn a livelihood.

The question that keeps bothering me is when will the rights of queer people be truly respected in our society?

Read the Manipur High Court order in the matter of Dona and Tang’s personal rights here– Editor.

About the main photo: Author of this article Oinam Hemabati, also known as Yambung, speaking at a community event in Manipur. Photo credit: Pawan Dhall

Oinam Hemabati

Oinam Hemabati is a trans man activist and leads Empowering Trans Ability, a support forum for lesbians, bisexual women and trans men in Manipur. He is passionate about karate, and lives with Sonia, his partner of 15 years, in Imphal.

Varta is registered as a charitable trust in Kolkata with the ADSR Sealdah, District South 24 Parganas, West Bengal, with number IV – 00322 of 2014, and with the Income Tax Department with number CIT (Exemption), Kolkata/12AA/2017-18/A/10033.Site developed and maintained by Oflipper. (C) 2018 Varta Trust.